What is an appurtenant easement?

An appurtenant easement is defined as an easement that benefits a specific piece of property, known as the dominant tenement or dominant estate. This type of easement is tied to the land itself, meaning that when the property is sold or transferred, the easement remains in effect and continues to benefit the new owner of the dominant estate.

The essence of an appurtenant easement lies in its connection to the land rather than to individual owners. It grants specific rights to the owner of the dominant tenement, allowing them to use the land of another party (the servient tenement) for a particular purpose, such as accessing a roadway, receiving light, or maintaining a utility line. The legal principle here is rooted in enhancing the utility or value of the property that enjoys the easement, thereby fostering property rights and interests.

Understanding this concept is critical for real estate professionals because it affects property value, usage rights, and the potential legal implications when properties change hands. This ensures that all parties are aware of ongoing rights that might affect their ownership and use of property.